On April 13, 1977, Clover Park Education Association filed a complaint with the Public Employment Relations Commission wherein it alleged that, on or about May 10, 1976, the Clover Park School District had committed unfair labor practices by making unilateral changes of certain wage setting policies. On October 10, 1977, the complainant filed an amended complaint in which it substituted an allegation of a unilateral change of wage setting policy made by the Superintendent of the School District on or about November 30, 1976. Both the complaint and amended complaint refer to a collective bargaining agreement which was in effect at the time of both alleged violations, and which required negotiations between the parties prior to any amendment to the wage policies in dispute.

Pursuant to a request of the Executive Director, the complainant filed a copy of the collective bargaining agreement as well as a copy of an arbitration award issued under that collective bargaining agreement on July 28, 1977, by arbitrator John H. Abernathy. That arbitration award deals with the November 30, 1976, action, and makes reference to a previous arbitration award issued by arbitrator Peck dealing with the May 10, 1976, action. Both arbitration awards found the employer to be in violation of the “duty to negotiate” provisions of the collective bargaining agreement. The award of arbitrator Abernathy ordered rescission of the November 30, 1976, action, reconsideration of disputed salary placement situations under the policies in effect prior to the May 10, 1976, action, and back pay for any grievant whose salary placement was altered as a result of that reconsideration. A subsequent arbitration award issued by arbitrator Abernathy on July 16, 1979, was supplied to the Executive Director by the respondent. It held that the district complied with the prior arbitration awards by adhering to the salary placement policy in effect prior to the alleged unilateral change.

On May 2, 1978, the parties were asked to comment on or before May 22, 1978, on the applicability in this case of the principles enunciated by the National Labor Relations Board in Collyer Insulated Wire, 192 NLRB 837 (1971) and in Spielberg Mfg. Co., 112 NLRB 1080 (1955). The employer made a timely reply in which it asserts that it has complied with the awards of the arbitrators and that there are no outstanding complaints from its employees regarding the 315 quarter hour salary column which is the subject of the complaint and amended complaint herein. The complainant made no response to the May 2, 1978, request. Another request for a position was made to the complainant in a letter dated August 15, 1979. A reply was received on August 29, 1979, indicating that comments would be mailed on September 7, 1979. More than an additional month has passed with no further word from the complainant.

The arbitration proceedings appear to have been fair and regular. The collective bargaining agreement indicates that the decision of the arbitrator is to be final and binding upon the parties, and the arbitrator has indicated the employer’s compliance with the arbitration award. It appears that both of the substantive arbitration awards were based upon principles akin to the statutory duty to bargain, and that neither award is repugnant to the purposes and policies of RCW 41.59. The complainant has not disputed the employer’s claim that no outstanding complaints remain, nor has it indicated any other matters left unremedied by the arbitration proceedings. Deferral to the arbitration proceeding is indicated.

NOW, THEREFORE, it is

ORDERED

The complaint filed in the above-entitled matter shall be, and hereby is, dismissed.

DATED at Olympia, Washington this 9^th day of October, 1979.

PUBLIC EMPLOYMENT RELATIONS COMMISSION

[SIGNED]

MAVIN L. SCHURKE, Executive Director